• Alimony for working woman

We are married for ten months and due to misunderstanding created by in laws ,we always are fighting even though I stay in India and my husband is in Sri Lanka.He visits me every two months or I travel .I m working in an mnc and so is he .But now things are quickly spiraling downwards and things are getting very ugly with lot of verbal abuse .Can you please suggest if I can file for a divorce ?How long will it take to get a divorce and since I m working ,will I be eligible to get the settlement or alimony money etc ?
Asked 4 years ago in Family Law
Religion: Hindu

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25 Answers

A divorce petition can only be filed after 1 year of marriage. A mutual consent divorce petition can also be filed after 1 year if he is ready.

Maintenance would be refused to you as you are also earning.

Alimony can be granted if thwre have been expenses in marriage etc.

Streedhan will also be returned to you.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes you can file divorce along with application for maintenance. Mutual divorce is quick but contested divorce takes time

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

 

2) file for divorce on grounds of mental cruelty after expiry of one year of marriage 

 

3) if there is substantial differences in your income and husband earning more than you then court can award you alimony 

 

4) contested divorce cases take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (the mandatory provision for filing the mutual divorce petition is one-year separation, which is not available in your case, therefore, you may be required to wait for few months)

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim only if you want to terminate the matrimonial knot:

498a complaint (for causing mental, emotional, physical and monetary abuse, etc)

Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)

you have rights to claim residence, protection, compensation, maintenance, 

if you do not want to opt the divorce presently, you can ask for judicial separation also,

you are eligible to claim ALIMONY

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, etc"

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

There should be a valid ground for divorce as mentioned in Hindu marriage act

Between you and your husband no valid reason exists. So getting divorce would be different if your husband contest the divorce suit. 

As to alimony an educated and/or working women is generally not entitled to any maintenance or alimony. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Either spouse does not have any right to the property of other during their life time. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Assets of husband ownership is generally not granted as alimony ir he is ready to pay alimony. At the most residence rights to stay in matrimonial house is granted by court

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1. To dissolve the marriage going for mutual divorce is best option to avoid waste of time and mud slinging in open.

2. In mutual divorce the terms of settlement depends on mutual consent of the parties wherein the court plays no role.

3. Now if any of you does not agree for it then filing contested divorce is another option.

4. Since you have independent source of income, you are not entitled to divorce. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

yes, you can make a demand

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. See on ground of cruelty after completion of one year of marriage you can file a divorce. Your husband can contest this divorce and same can take some time before the court.

2. You may seek alimony /maintenance though court may reject it since you are working and earning.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Wife has no right on assets of husband if there is joint property of you and your husband you have share in same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Firstly you need to wait for one year from date of marriage for filing divorce.

You can file for divorce under grounds of cruelty, for which you collage proofs to support your case before filing.

Since both of you are working and if there is substantial difference between salaries of both of you, court upon convincing may give you alimony.

Asking for distribution of assets (if they are purchased by contribution made by you) it is not possible. 

Alimony will be paid considering various factors viz., social status, needs, earning capacity, present position etc.

Contested Divorce will take between 5 to 8 years.

Better option is to go for Mutual consent Divorce (MCD), it will be completed between 6 months to 1 year.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You have no share in property standing in your husband name 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You can go annulment of marriage as its less than an year. YES you can ask equal expenses which are made in the marriage and get compensate.

 

you can go for one time lump sum amount.  Its totally depends upon who want to close the marriage life first.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. You may file for divorce on the ground of mental cruelty after a year from date of marriage. HMA does not allow filing of petition for divorce before year from the date of marriage.

2. You have no share in the assets of your husband.

3. Maintenance can be sought by you but you may not get it if he is able to prove that you are self sufficient.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi

Yes you are eligible for alimony. 

Either a woman is working or not, she is entitled for maintenance from her husband 

If you go for mutual consent divorce then it would take around 1.5 month to get divorced. 

If you go for contested divorce case then it could take something form 1 to 3,4,5 years to get divorced. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can file divorce case on the grounds of cruelty after completion of one year from the date of marriage.

you may not be eligible for maintenance since you are employed and drawing handsome income to sustain your expenses.

You may even try for mutual consent divorce but that too only after completion of one year after marriage, and the criteria is that you both should have lived separately away from each at least one year. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

What is equal distribution of assets?

There is no provision in  law to demand a share from his personal and own assets neither he can claim any share out of your own properties.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You can file a petition to dissolve the marriage. Maintenance will be decided based on the status of the parties.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

you can always go for divorce and ask for alimony but it is upon the discretion of the Court to decide whether or not to give any alimony.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Wife has NO forced share in self acquired
estate/property of husband..

Wife is not a Co-parcener is ancestral property
of husband..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

-  Yes, even a working woman can get alimony from her husband , if her income is not sufficient to support the lifestyle she enjoyed while married. 

- She can claim one fourth of net income of her husband legally. 

- If, the relation is not favorable to live with each other, then you should take consent from him for a mutual divorce for getting divorce within a short period of time , on the condition of alimony. 

- However , for mutual divorce petition , one year separation is mandatory , but it can be removed with specific grounds and reasons. 

- If he not agree for  a mutual divorce, then you can file a divorce case on the ground of cruelty .

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. Yes you can file divorce petition on ground of mental cruelty.

2. It can take around two to three years to get divorce if contested by your husband.

3. Yes you can be eligible for maintenance if there is difference in salaries. 

4. You can get alimony if you go for settlement through mutual consent.

5. No you cannot ask for equal distribution of assets if you are not joint owner in assets. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Madam,

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition. Contested Divorce will take 2 to 3 years to decree the case.

Earlier working wives were not entitled to maintenance however, with passage of time and subsequent amendments in law, the right to maintenance has finally been provided to wives.

Now, the right to maintenance has been mentioned under Section- 125 of the Criminal Procedure code. Even Section- 18 of the Hindu Adoptions and Maintenance Act also entitles a wife to maintenance by her husband for lifetime i.e. she will be given maintenance until she dies or her husband dies.

WHY MAINTENANCE TO WORKING WOMEN?

The concept behind such recognition is that a wife is deprived of many comforts after she leaves the matrimonial home. Sometimes, she loses interest in life. The monetary comfort from her husband gives her some solace. She might be living in her parental house but even then she has to incur some expenses. She has to constantly look after the child by performing her duties day and night. She does not get that support which she would have got in case she had been residing in the matrimonial home. It is the duty of the husband to maintain his wife and it has to be put on a higher pedestal. Even if the wife is employed, she is entitled for the status and standard of living which she used to enjoy at her matrimonial home.

RECENT UPDATE ON MAINTENANCE

The Supreme Court of India has held that a woman can claim maintenance even though she is earning. An estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression ‘Unable to maintain herself’ does not require a wife to be absolute destitute before she can apply for maintenance.

It has been further clarified in a few more matters like, for husband, being jobless does not work as an excuse for not paying maintenance. Indian law also makes provision under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 for claiming interim maintenance expenses for proceedings even during pendency of proceedings.

Therefore, even working woman get maintenance after a divorce in India such that she lives just like how she used to live in her matrimonial house and to support her children. Thus, with the change in time, the law dealing with maintenance have also changed and thereby, working women are also entitled to receive maintenance even after divorce in India, depending upon her living conditions after the divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

I don't think so. You can ask for equal division where your money is invested but you cannot demand that he part with his assets.

You may get alimony.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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